SC Inmate on Death Row Challenges Governor’s Clemency Authority
Richard Moore, a South Carolina death row inmate scheduled for execution in three weeks, is asking a federal judge to transfer clemency powers from Governor Henry McMaster to the state’s parole board. Moore’s attorneys argue that McMaster, a former attorney general, has a conflict of interest. For eight years starting in 2003, McMaster was the state’s lead prosecutor and oversaw efforts to uphold Moore’s death sentence.
“For Moore to receive clemency, McMaster would have to renounce years of his own work and that of his former colleagues in the Office of the Attorney General,” his attorneys stated. They are requesting a delay in Moore’s execution to allow the courts to resolve the clemency issue.
McMaster, known for his tough-on-crime stance, has previously stated his opposition to parole and indicated in 2022 that he would not commute Moore’s sentence. However, his attorneys insist he has not yet decided whether to grant clemency, emphasizing that governors with prosecutorial backgrounds retain their clemency rights.
What Moore was Convicted of Doing
Richard Moore, 59, fatally shot store clerk James Mahoney during an attempted robbery. Mahoney, initially unarmed, ended up in a shootout with Moore after Moore took one of his guns, leading to Mahoney’s death from a chest wound while Moore survived with injuries. Moore stands out as the only South Carolina death row inmate convicted by an all-white jury and the first condemned to death after using someone else’s weapon. By October 18, he must choose his execution method—firing squad, lethal injection, or electric chair—or face electrocution by default under state law.
The South Carolina Constitution grants the governor sole clemency authority. McMaster’s lawyers argue that Moore’s claims are speculative, as no decision has been made. They point out that governors who were former attorneys general have historically made clemency decisions, including former President Bill Clinton.
Moore, 59, was convicted for the 1999 fatal shooting of Spartanburg County store clerk James Mahoney during a botched robbery. He entered the store unarmed, but a struggle over a firearm ensued, resulting in Mahoney’s death and Moore’s injury. His attorneys highlight his 20-year record as a mentor and model inmate, arguing he is an ideal candidate for a life sentence.
Under South Carolina law, Moore faces electrocution on October 18 unless he chooses an alternative method. His execution would be the second in the state after a 13-year hiatus due to challenges in obtaining lethal injection drugs.
No South Carolina governor has granted clemency in the modern era of the death penalty, and McMaster has reiterated his approach to consider each case on its own merits. As the execution date nears, Moore’s attorneys hope for a reprieve, while McMaster’s team emphasizes that clemency is an act of grace and does not require renouncing prior actions.
The federal court will hear Moore’s case on Tuesday in Columbia, where a decision could set new precedents in South Carolina’s clemency process. Crime and Cask News will provide updates as the case progresses.
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